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2014 (7) TMI 144

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.... JUDGEMENT Per Dr. I.P.LAL; Heard both sides. By the impugned Order dated 28.02.2007, ld. Commissioner held that if the duty of Rs. 6,12,144/- demanded from the importer, cannot be recovered, the same should be recovered from the Appellant, i.e. M/s. Fairdeal Enterprises. Being aggrieved with this Order, the Appeal is filed before this Forum. 2. Ld. Advocate appearing for the Appellant has subm....

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....roprietor of the Appellant Firm under Sections 112 and 114A of the Customs Act, 1962, but sought to recover the duty payable by the importer from the Appellant, M/s. Fairdeal Enterprises. It is submitted that there was no evidence of the involvement of the Appellant in the post-import violation. It is further submitted that in similar cases, following the ratio of the Bench decision in the case of....

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.... acted as an agent of the importer in the alleged handling of the import documents and clearance of the imported goods. Imposition of penalty is for violation of the provisions of the Customs Act rendering the goods liable for confiscation, as the case may be, for non-levy/short-levy of duty by reason of collusion or any willful misstatement or suppression of the facts. We are of the opinion that ....

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....mporter or exporter, so that in any proceedings under this Act, the owner, importer or exporter of the goods shall also be liable as if the thing had been done by himself.          (3)When any person is expressly or impliedly authorised by?(3) the owner, importer or exporter of any goods to be his agent in respect of such goods for all or any of the purpose....